General Terms and Conditions NautaDutilh N.V.

General Terms and Conditions NautaDutilh N.V.
NautaDutilh N.V. is a limited liability company ("naamloze vennootschap") incorporated under the laws of
The Netherlands, whose object is to practice the professions of lawyer ("advocaat"), civil law notary
("notaris") and tax adviser ("belastingadviseur"). A list of the shareholders in NautaDutilh N.V., or the
persons holding shares in NautaDutilh N.V. through their respective holding companies - which persons
are, in conformity with international practice, referred to as "partners" - will be provided on request.
The provisions in these general conditions are made for the benefit of not only NautaDutilh N.V., but also
the "partners" (as referred to above), all other persons working for NautaDutilh N.V., all persons engaged
by NautaDutilh N.V. in relation to the carrying out of any instruction and all persons for whose acts or
omissions NautaDutilh N.V. might be held liable.
All instructions are accepted and carried out by NautaDutilh N.V. only, pursuant to a contract for
professional services ("overeenkomst tot opdracht"). This applies even if it is the client's express or
implied intention that an instruction be carried out by a specific person. The applicability of Article 7:404
of the Netherlands Civil Code, which relates to the situation referred to in the preceding sentence, and of
Article 7:407(2) of the Netherlands Civil Code, which imposes joint and several liability where an
instruction is given to two or more persons, is hereby expressly excluded.
In acting upon an instruction, NautaDutilh N.V. may call upon the assistance, under its responsibility, of
the "partners" (as referred to above) and the employees of NautaDutilh N.V. and, where appropriate, may
engage the services of third parties.
NautaDutilh N.V. shall exercise due care in carrying out an instruction, performing all activities, and
selecting and engaging the services of third parties.
If the carrying out of an instruction by NautaDutilh N.V. gives rise to liability, this liability shall, subject to
Article 4.3, in all circumstances be limited to the amount which is paid out under NautaDutilh N.V.'s
insurance policy in the matter concerned, plus the amount of the deductible which must be borne by
NautaDutilh N.V. pursuant to the applicable insurance policy in the matter concerned.
If, for whatever reason, the insurer makes no payment under the insurance policy referred to in Article
4.1, any liability shall be limited to a sum equal to three times the amount invoiced by NautaDutilh N.V. in
the matter concerned in the relevant year, subject to a maximum of € 500,000.
NautaDutilh N.V. is authorised to accept, for and on behalf of the client, any limitation of liability by any
third party referred to in Article 3.2. Any liability of NautaDutilh N.V. for a third party's failure to perform
his/its obligations is limited to the amount that the client could have recovered from that third party in a
direct action against that third party.
These general conditions have been drawn up in both Dutch and English. In the event of a dispute
regarding the content or intent of these general conditions, the Dutch version shall be binding.
90001040 P 3372122 / 4
The legal relationships to which these general conditions apply shall be governed by and construed in
accordance with the laws of the Netherlands. Disputes shall be submitted to the Court of First Instance in
Amsterdam or Rotterdam, at the option of the plaintiff. Notwithstanding the above, NautaDutilh N.V. shall
have the right to institute proceedings in any competent court in the client's jurisdiction. These general
conditions have been filed at the Court Registry of the Court of First Instance in Rotterdam and appear
on NautaDutilh N.V.'s website at
1 June 2007
Clients are requested (insofar as applicable) to kindly communicate the information below to individuals working for or engaged by them or related
to them whose personal data are or may be processed by NautaDutilh N.V. and/or its group companies.
NautaDutilh processes personal data in connection with the provision of its services and in order to comply with applicable statutory requirements.
In addition NautaDutilh may (whether at the request of a client or a client's contact person or on its own initiative) send information about its
products or services (e.g. in the form of newsletters and invitations) by post, e-mail or in another manner, or contact its clients by telephone.
Personal data may be processed by NautaDutilh and/or its group companies (in Belgium (Brussels), Luxembourg (Luxembourg), the United
Kingdom (London) and the United States (New York)) for the purposes specified above. As the United States does not offer a level of personal
data protection similar to the European Union, NautaDutilh has arranged for contractual safeguards. In connection with the provision of our
services, personal data may also be transferred to countries outside the EU where necessary e.g. in the context of international legal proceedings
or cross-jurisdictional legal services, or because we use service providers outside the EU in which case we will arrange for contractual safeguards.
NautaDutilh has notified processing activities to the Data Protection Authority (Autoriteit Persoonsgegevens). More details concerning the
processing activities (such as purposes, categories of data and categories of recipients) can be found in the public notification register on under the name "NautaDutilh".
You have the right, at any time, to object to the use of your personal data for direct marketing purposes and/or the receipt of specific or all types of
marketing information. Objections can be sent to: NautaDutilh N.V., for the attention of Business development, Marketing & Communications
department, Antwoordnummer 47610, 1070 VD Amsterdam (no postage necessary), or [email protected]
You also have the right to request NautaDutilh, insofar as it processes personal data as a data controller within the meaning of the Personal Data
Protection Act (Wet bescherming persoonsgegevens), to inform you of the personal data it holds relating to you and, to the extent applicable, to
request that such data be corrected, supplemented, deleted or blocked. Requests to this effect can be sent to NautaDutilh N.V., Business
development, Marketing & Communications Department, P.O. Box 7113, 1007 JC Amsterdam, or [email protected]
Date of (last update) information notice | 22 July 2016
90001040 P 3372122 / 4